The realignment doesn’t end with the political branches. We need a re-evaluation of American jurisprudence in order to meet the challenges of this American Moment.

In this feature, you’ll read, watch, and listen to some of the best that’s been said on what must be done in order to ensure American jurisprudence is capable of advancing the common good and resisting the forces of cultural, civic, and national decline. Dive in, and realize there is so much more than text alone that can guide us.

 

GET STARTED:

  • Podcast | Originalism, Justice, and Common-Good, Oh My! (feat. Josh Hammer) | Moment of Truth Ep. 7
    • In this episode, Saurabh, Nick, and esteemed guest Josh Hammer discuss the over-liberalization of the American political Right and how an “originalist” judicial philosophy should be oriented toward the common good.
  • Article | Why The Supreme Court Matters Like Never Before | Tablet Magazine
    • Michael Lind writes, “[The stakes] are high because the Supreme Court of the United States is no longer a court, in any meaningful sense. It is now a legislature—a legislature that is vastly more powerful than the U.S. Congress and far less democratic.”
  • Video | Senator Hawley Speaks on the Supreme Court’s Bostock Decision
    • Senator Josh Hawley reacted to the recent Bostock Decision, which re-interpreted Title VII to extend to gay and transgender people, saying that “this piece of legislation changes the scope of the 1964 Civil Rights Act….There’s only one problem with this piece of legislation. It was issued by a court, not by a legislature. It was written by judges, not by the elected representatives of the people. And it did what this Congress has pointedly declined to do for years now, which is to change the text and meaning and the application and the scope of a historic piece of legislation…And I say this because if textualism and originalism give you this decision, if you can invoke textualism and originalism in order to reach a decision, an outcome, that fundamentally changes the scope and meaning and application of statutory law, then textualism and originalism and all of those phrases don’t mean much at all.”
  • Podcast | Rachel Board and the Conservative Civil War over the Supreme Court and Big Tech | The Realignment Podcast
    • Rachel Bovard, Senior Director of Policy at the Conservative Partnership Institute, joins The Realignment to discuss the Supreme Court, the future of social conservatism, and how to tackle the issue of Big Tech.

 

ON ORIGINALISM:

  • Article | A Better Originalism | The American Mind
    • Hadley Arkes, Josh Hammer, Matthew Peterson, and Garrett Snedeker offer “an appeal to conservatives for an originalism of moral substance.”
  • Article |  Beyond Originalism | The Atlantic
    • In this essay, Adrian Vermeule argues that the common welfare clause in the constitution should be used as the basis for new right-wing constitutionalism to succeed originalism. Conservatives, like liberals today, could use the courts to achieve their policy goals more easily under this method.
  • Article | Common Good Originalism | The American Mind
    • Josh Hammer argues, contra Vermeule, that originalism need not be abandoned for conservatives to pursue the common good in the courts. Hammer says that Vermeule’s proposal goes too far and instead a Hamiltonian understanding of the constitution would suffice.

 

DEEP DIVE:

 

IN THE WEEDS:

 

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